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p-Index From 2021 - 2026
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All Journal Unram Law Review Mataram Journal of International Law
Diva Pitaloka
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Immunity Of Foreign Embassies From Jurisdiction Of Indonesian Industrial Relations Court Of Indonesia (A Case Study of Decision Number 376 K/Pdt.Sus-Phi/2013) Fatoni, Fahar; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.5120

Abstract

This research aims to determine the position of foreign embassies within the jurisdiction of the Indonesian Industrial Relations Court under the 1961 Vienna Convention and the implementation of foreign embassies’ diplomatic immunity by the Industrial Relations Court in Decision Number 376 K/Pdt.Sus-PHI/2013. This research uses a normative research method, employing both an international agreement approach and a conceptual approach. Foreign embassies enjoy several broad immunities from the jurisdiction of the receiving country. Courts in Indonesia cannot necessarily hear or decide cases involving foreign embassies. A special agreement is needed that allows diplomatic agents to comply with applicable laws in Indonesia, and this must be submitted separately. Diplomatic representatives are parties who can be involved in industrial relations dispute cases at the Industrial Relations Court. Under the 1961 Vienna Convention, these immunities and privileges are not absolute, and the receiving country has the power to reject diplomatic representation considered problematic or persona non grata.
Protection of The Rights of Rohingya Children as Refugees in Indonesia From The Perspective of International Law And Indonesian National Law Lina Yulia Nopiyanti; Muh. Risnain; Diva Pitaloka; nopiyanti17, linayulia
Mataram Journal of International Law Vol. 2 No. 2 (2024): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/majil.v2i2.5714

Abstract

This research aims to analyze the forms of human rights (HR) protection for Rohingya ethnic refugee children. Additionally, it examines the implementation of human rights protections. This study employs normative legal research using a statutory approach, utilizing secondary data sourced from literature studies, documents, and expert views. The protection of human rights for Rohingya refugee children is regulated in various international conventions, covering the most fundamental (non-derogable) rights, including the right to education, health, freedom of religion, and others. Measures to protect the human rights of the refugee children involve legal steps that adopt several legislative policies related to child protection, including refugee children, as well as steps to engage in international cooperation with organizations like the UNHCR (United Nations High Commissioner for Refugees) and IOM (International Organization for Migration).
TANGGUNG JAWAB PRODUSEN PESAWAT UDARA TERHADAP KECELAKAAN PESAWAT BERDASARKAN HUKUM UDARA INTERNASIONAL Imanika Srimulyandari; Muh. Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 3 No. 2 (2025): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ye4xd019

Abstract

This research aims to analyze the form and application of responsibility carried out by manufacturers to the families of victims of aircraft accidents based on international air law. This research examines the cases of Boeing 737 Max, Airbus Helicopters EC130 B4, and F-35 Lightning II, all of which show design defect, manufacturing defect, and failure to warn. The research method used is normative law with a conceptual, international agreements, statute and case approach. Data was collected from primary, secondary, and tertiary legal materials including the results of accident investigation reports and other supporting data. The results show that producer responsibility has not been regulated directly in international air law such as the 1999 Montreal Convention, therefore the lawsuit relies on the principles of product liability and strict liability in the national legal system, especially the United States, so that there is a legal gap that creates legal uncertainty for parties who feel harmed by an aircraft accident. This study considers the need for international air law reform that includes aircraft manufacturers as parties who should be held liable for aircraft accidents to ensure international aviation safety and victim protection.
ANALISIS PROVISIONAL MEASURES ICJ ATAS KASUS DUGAAN GENOSIDA DI GAZA: STUDI KASUS SENGKETA AFRIKA SELATAN V. ISRAEL Sirtufillaeli; Muh Risnain; Diva Pitaloka
Mataram Journal of International Law Vol. 3 No. 2 (2025): Mataram Journal of International Law
Publisher : Department of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jd03ef37

Abstract

This study aims to examine the legal considerations of the International Court of Justice (ICJ) in issuing provisional measures and their impact on the situation in Gaza. The research employs a normative legal method with a case study approach, focusing on the South Africa v. Israel dispute and relevant international treaties. The legal materials used in this research include both primary and secondary sources, collected through library research. The ICJ established that it had prima facie jurisdiction and issued an order for provisional measures on 26 January 2024, which was subsequently reinforced by additional orders on 28 March and 24 May 2024. These measures were grounded in the need to protect certain rights that were plausibly at risk, the link between those rights and the requested measures, and the potential for irreparable harm if urgent action was not taken. In these orders, Israel was instructed to prevent acts that could be classified as genocide and to preserve evidence. Provisional measures issued by the ICJ are binding in nature, as affirmed in paragraph 109 of the Court's 2001 LaGrand case judgment. However, while binding, such measures are not enforceable in the sense that the ICJ lacks coercive authority to compel state compliance. Moreover, the presence or absence of specific intent (dolus specialis) is crucial in determining whether acts constitute genocide. Even if acts meet the threshold of international crimes, without this specific intent, they may not be classified as genocide.
Gender Discrimination in Artificial Intelligence: An International Human Rights Law Perspective and the Quest for Binding Regulation Ayu Riska Amalia; Diva Pitaloka; Adhitya Nini Rizki Apriliana
Unram Law Review Vol 9 No 2 (2025): Unram Law Review (ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v9i2.450

Abstract

Artificial intelligence (AI) has transformed and reshaped the way people work and interact. While AI provides convenience, it also poses significant challenges to human rights, particularly gender equality. The use of AI in recruitment processes, healthcare diagnosis, and discriminatory content moderation illustrates how it can exacerbate existing inequalities. This study employs a normative juridical method with a qualitative approach, analyzing primary instruments of international human rights law such as the Universal Declaration of Human Rights (UDHR),the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). It also examines non-binding frameworks, namely the UNESCO Recommendation on the Ethics of AI and the OECD AI Principles, and compares them with the binding EU AI Act. The findings indicate that AI has the potential to violate fundamental rights of women, including the rights to equality and non-discrimination, work, privacy, health, participation in public and political life, as well as representation and identity. Furthermore, soft-law mechanisms remain insufficient to prevent gender bias, as their implementation relies heavily on states’ political will. Nevertheless, states have a positive obligation under international law to respect, protect, and fulfil the right to equality; thus, a binding international legal framework is urgently needed to ensure accountability and gender-sensitive AI governance.
Co-Authors Adhitya Nini Rizki Apriliana Ayu Riska Amalia Fatoni, Fahar Imanika Srimulyandari Lina Yulia Nopiyanti Muh. Risnain Muh. Risnain nopiyanti17, linayulia Sirtufillaeli